The Commission comes to terms with the reality that ASEAN operates on
the basis of consensus, which would normally mean having to settle on the
lowest common denominator. Nevertheless, the Commission hopes that
the ASEAN Consensus on Migrant Workers, despite its shortcomings, would
become an impetus for improved protection of migrant workers’ rights in
Malaysia and in Southeast Asia.
5.
MALAYSIA’S UNIVERSAL PERIODIC REVIEW (UPR)
Malaysia is due to be reviewed for the third time under the Universal Periodic
Review (UPR) mechanism in October 2018. This upcoming UPR seeks to
mainly examine the progress and achievements made by Malaysia in
implementing the commitments it made during the second UPR, which
took place in October 2013. At its second UPR, Malaysia received a
total of 232 recommendations from 104 UN member states. Of the 232
recommendations, the Malaysian government accepted 150. These
recommendations related to various human rights issues including accession
to international human rights treaties, civil and political rights, economic,
social and cultural rights, rights of vulnerable groups, trafficking in persons
and human rights education. The Malaysian government is expected to fulfil
the accepted recommendations and report on their implementation come
the third UPR, as part of the underlying goal of the UPR process to improve
the human rights situation in the country.
This year, the Ministry of Foreign Affairs in its capacity as the coordinating
agency for Malaysia’s UPR, organised a series of consultations involving
government agencies and civil society organisations to obtain comments and
input on the status of implementation of the accepted recommendations.
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Migrant workers are seldom given the recognition they deserve for their
painstaking efforts and instrumental role in the country’s nation building
especially in sectors such as construction and plantation.
C H A P T E R
moment. Therefore, the Commission calls on the government to review
relevant domestic laws with a view to making them in line with established
human rights standards. Only then can Malaysia live up to the spirit and
intent of the ASEAN Consensus on Migrant Workers.